Bill Summary – FastDemocracy

H.B. 532
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                          Apr 12, 2021
                                     SESSION 2021                                    HOUSE PRINCIPAL CLERK
     H                                                                                             D
                                  HOUSE BILL DRH40334-NDa-34C
     Short Title:   Criminal Justice Equity Act of 2021.                                      (Public)
     Sponsors:      Representative Morey.
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO MAKE CRIMINAL JUSTICE, POLICING, AND JUVENILE JUSTICE
    REFORM, AND TO APPROPRIATE FUNDS.
 The General Assembly of North Carolina enacts:
 5
 PART I. FUNDS TO EXPAND CRIMINAL JUSTICE FELLOWS PROGRAM TO ALL
 COUNTIES IN THE STATE
            SECTION 1.1. G.S. 17C-20 reads as rewritten:
 "§ 17C-20. Definitions.
     As used in this Article, the following definitions apply:
            …
            (5)     Eligible county. – A county with a population of less than 125,000 according
                    to the latest federal decennial census or a county designated as a development
                    tier one area pursuant to G.S. 143B-437.08, or both.Any county of this State.
            …."
            SECTION 1.2. There is appropriated from the General Fund to the Department of
 Justice six hundred sixty-three thousand five hundred seventy-nine dollars ($663,579) in
 recurring funds for the 2021-2022 fiscal year to be allocated to the North Carolina Criminal
 Justice Fellows Program to continue to recruit qualified in-State high school seniors or
 unemployed/underemployed graduates and provide them with a forgivable community college
 loan to pursue.
            SECTION 1.3. Section 1.2 of this Part becomes effective July 1, 2021. The
 remainder of this Part is effective when it becomes law.
24
 PART II. EXEMPT IN-SERVICE TRAINING FOR LAW ENFORCEMENT OFFICERS
 FROM RULE MAKING
            SECTION 2.1. G.S. 150B-1(d) reads as rewritten:
     "(d) Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the
 following:
            …
            (6a) The Criminal Justice Education and Training Standards Commission with
                 respect to establishing minimum standards for in-service training for criminal
                 justice officers under G.S. 17C-6(a)(14).
            (6b) The Sheriffs' Education and Training Standards Commission with respect to
                 establishing minimum standards for in-service training for justice officers
                 under G.S. 17E-4(a)(11).
                                 *DRH40334-NDa-34C*
     General Assembly Of North Carolina                                                     Session 2021
            …."
 2
 PART III. MODIFY VARIOUS LAW ENFORCEMENT STANDARDS, PRACTICES,
 AND REPORTING REQUIREMENTS
               SECTION 3.1. G.S. 15A-401(d) reads as rewritten:
      "(d) Use of Force in Arrest. –
               …
               (2)    A law-enforcement officer is justified in using deadly physical force upon
                      another person for a purpose specified in subdivision (1) of this subsection
                      only when it is or appears to be reasonably necessary thereby:
                      …
                      Strangleholds, chokeholds, lateral vascular neck restraints, carotid restraints,
                      or any other tactics that restrict oxygen or blood flow to the head or neck shall
                      be considered the use of deadly force under this subdivision.
                      Nothing in this subdivision constitutes justification for willful, malicious or
                      criminally negligent conduct by any person which injures or endangers any
                      person or property, nor shall it be construed to excuse or justify the use of
                      unreasonable or excessive force.
               (3)    A law-enforcement officer that witnesses another law-enforcement officer
                      using excessive force not justified under this section or otherwise abusing a
                      suspect or arrestee has a duty to intervene and to report the use of excessive
                      force or the abuse in writing to the law-enforcement officer's supervisor,
                      department head, or other appropriate authority. No law-enforcement officer
                      that submits a report pursuant to this subdivision shall be retaliated against by
                      termination, suspension, or other disciplinary action.
               (4)    Under all circumstances in which a law-enforcement officer uses force of any
                      kind, a law-enforcement officer shall use the minimum amount of force
                      reasonably necessary to accomplish the law-enforcement action and shall
                      attempt to utilize de-escalation tactics when possible."
               SECTION 3.2. Article 4 of Chapter 20 of the General Statutes reads as rewritten:
                                                "Article 4.
                                          "State Highway Patrol.
 …
 "§ 20-196.6. Require State Troopers to render medical assistance to persons in custody.
      It shall be a mandatory policy of the State Highway Patrol that every State Trooper shall have
 a first aid kit and shall be required to do the following when a person in a State Trooper's custody
 is injured or complains of an injury:
               (1)    Render immediate, reasonable medical assistance when it is safe to do so.
               (2)    Contact emergency medical services when appropriate.
 "§ 20-196.7. Require use of force early intervention system.
      The State Highway Patrol shall develop and implement a use of force intervention system to
 document and track State Trooper actions, behaviors, and citizen complaints regarding the use
 of force to help the State Highway Patrol manage personnel by intervening to correct State
 Trooper performance. The use of force intervention system shall, at a minimum, do the following:
               (1)    Identify State Troopers who receive two or more citizen complaints of any
                      kind in a single month.
               (2)    Identify State Troopers who report two or more use of force incidents, or who
                      receive two or more citizen complaints regarding the use of force, in a single
                      quarter.
      For purposes of this section, "use of force" shall include actions taken by law enforcement
 officers of which the Department of Justice requires data reporting pursuant to G.S. 114-2.7A.
     Page 2                                                                        DRH40334-NDa-34C
     General Assembly Of North Carolina                                                    Session 2021
 Until the Department of Justice determines which data shall be reported pursuant to
 G.S. 114-2.7A, "use of force" shall encompass the law enforcement actions listed in
 G.S. 143B-919(b1).
 "§ 20-196.8. Require regular use of force data reporting to the State Bureau of
              Investigation.
     The State Highway Patrol shall report to the State Bureau of Investigation State Trooper use
 of force information requested by the Department of Justice pursuant to G.S. 114-2.7A.
 "§ 20-196.9. Require regular Rap Back data reporting to the State Bureau of Investigation.
     The State Highway Patrol shall report to the State Bureau of Investigation information
 requested pursuant to G.S. 143B-929A to be included in the Federal Bureau of Investigation's
 Record of Arrest and Prosecution Background (Rap Back) Service.
     If the State Highway Patrol fails to report as required by this section, it shall not be eligible
 to receive funds from either the Governor's Crime Commission or the Governor's Highway Safety
 Program.
 "§ 20-196.10. Require use of National Incident-Based Reporting System.
     (a)      The State Highway Patrol shall utilize and submit all available data to the National
 Incident-Based Reporting System.
     (b)      Data submitted to the National Incident-Based Reporting System pursuant to this
 section shall be made publicly available on the State Highway Patrol website.
 "§ 20-196.11. Require use of body-worn and dashboard cameras.
     (a)      State Troopers shall utilize body-worn and dashboard cameras, as each term is defined
 in G.S. 132-1.4A, in all interactions with members of the public, including, but not limited to,
 the following:
              (1)     Traffic stops.
              (2)     Pursuits.
              (3)     Arrests.
              (4)     Searches.
              (5)     Interrogations not covered under G.S. 15A-211.
              (6)     Interviews with victims and witnesses.
              (7)     Interactions with inmates of a State correctional facility or local confinement
                      facility.
     (b)      The requirements of subsection (a) of this section shall not apply to State Troopers
 during undercover operations."
              SECTION 3.3. Chapter 74E of the General Statutes reads as rewritten:
                                             "Chapter 74E.
                                         "Company Police Act.
 …
 "§ 74E-10.1. Require company police to render medical assistance to persons in custody.
     It shall be a mandatory policy of a company police agency that every company police officer
 shall have a first aid kit and shall be required to do the following when a person in a company
 police officer's custody is injured or complains of an injury:
              (1)     Render immediate, reasonable medical assistance when it is safe to do so.
              (2)     Contact emergency medical services when appropriate.
 "§ 74E-10.2. Require use of force early intervention system.
     A company police agency shall develop and implement a use of force intervention system to
 document and track company police officer actions, behaviors, and citizen complaints regarding
 the use of force to help the company police agency manage personnel by intervening to correct
 company police officer performance. The use of force intervention system shall, at a minimum,
 do the following:
              (1)     Identify company police officers who receive two or more citizen complaints
                      of any kind in a single month.
     DRH40334-NDa-34C                                                                             Page 3
     General Assembly Of North Carolina                                                  Session 2021
            (2)       Identify company police officers who report two or more use of force
                      incidents, or who receive two or more citizen complaints regarding the use of
                      force, in a single quarter.
     For purposes of this section, "use of force" shall include actions taken by law enforcement
 officers of which the Department of Justice requires data reporting pursuant to G.S. 114-2.7A.
 Until the Department of Justice determines which data shall be reported pursuant to
 G.S. 114-2.7A, "use of force" shall encompass the law enforcement actions listed in
 G.S. 143B-919(b1).
 "§ 74E-10.3. Require regular use of force data reporting to the State Bureau of
              Investigation.
     A company police agency shall report to the State Bureau of Investigation company police
 officer use of force information requested by the Department of Justice pursuant to
 G.S. 114-2.7A.
 "§ 74E-10.4. Require regular Rap Back data reporting to the State Bureau of Investigation.
     A company police agency shall report to the State Bureau of Investigation information
 requested pursuant to G.S. 143B-929A to be included in the Federal Bureau of Investigation's
 Record of Arrest and Prosecution Background (Rap Back) Service.
 "§ 74E-10.5. Require use of National Incident-Based Reporting System.
     (a)      A company police agency shall utilize and submit all available data to the National
 Incident-Based Reporting System.
     (b)      Data submitted to the National Incident-Based Reporting System pursuant to this
 section shall be made publicly available on the company police agency website.
 "§ 74E-10.6. Require use of body-worn and dashboard cameras.
     (a)      Company police officers shall utilize body-worn and dashboard cameras, as each term
 is defined in G.S. 132-1.4A, in all interactions with members of the public, including, but not
 limited to, the following:
              (1)     Arrests.
              (2)     Searches.
              (3)     Interrogations not covered under G.S. 15A-211.
              (4)     Interviews with victims and witnesses.
     (b)      The requirements of subsection (a) of this section shall not apply to company police
 officers during undercover operations.
 …."
              SECTION 3.4. Chapter 74G of the General Statutes reads as rewritten:
                                             "Chapter 74G.
                                          "Campus Police Act.
 …
 "§ 74G-10.1. Require campus police to render medical assistance to persons in custody.
     It shall be a mandatory policy of a campus police agency that every campus police officer
 shall have a first aid kit and shall be required to do the following when a person in a campus
 police officer's custody is injured or complains of an injury:
              (1)     Render immediate, reasonable medical assistance when it is safe to do so.
              (2)     Contact emergency medical services when appropriate.
 "§ 74G-10.2. Require use of force early intervention system.
     A campus police agency shall develop and implement a use of force intervention system to
 document and track campus police officer actions, behaviors, and citizen complaints regarding
 the use of force to help the campus police agency manage personnel by intervening to correct
 campus police officer performance. The use of force intervention system shall, at a minimum, do
 the following:
              (1)     Identify campus police officers who receive two or more citizen complaints
                      of any kind in a single month.
     Page 4                                                                     DRH40334-NDa-34C
     General Assembly Of North Carolina                                                   Session 2021
            (2)       Identify campus police officers who report two or more use of force incidents,
                      or who receive two or more citizen complaints regarding the use of force, in a
                      single quarter.
     For purposes of this section, "use of force" shall include actions taken by law enforcement
 officers of which the Department of Justice requires data reporting pursuant to G.S. 114-2.7A.
 Until the Department of Justice determines which data shall be reported pursuant to
 G.S. 114-2.7A, "use of force" shall encompass the law enforcement actions listed in
 G.S. 143B-919(b1).
 "§ 74G-10.3. Require regular use of force data reporting to the State Bureau of
              Investigation.
     A campus police agency shall report to the State Bureau of Investigation campus police
 officer use of force information requested by the Department of Justice pursuant to
 G.S. 114-2.7A.
 "§ 74G-10.4. Require regular Rap Back data reporting to the State Bureau of Investigation.
     A campus police agency shall report to the State Bureau of Investigation information
 requested pursuant to G.S. 143B-929A to be included in the Federal Bureau of Investigation's
 Record of Arrest and Prosecution Background (Rap Back) Service.
 "§ 74G-10.5. Require use of National Incident-Based Reporting System.
     (a)      A campus police agency shall utilize and submit all available data to the National
 Incident-Based Reporting System.
     (b)      Data submitted to the National Incident-Based Reporting System pursuant to this
 section shall be made publicly available on the campus police agency website.
 "§ 74G-10.6. Require use of body-worn and dashboard cameras.
     (a)      Campus police officers shall utilize body-worn and dashboard cameras, as each term
 is defined in G.S. 132-1.4A, in all interactions with members of the public, including, but not
 limited to, the following:
              (1)     Traffic stops.
              (2)     Pursuits.
              (3)     Arrests.
              (4)     Searches.
              (5)     Interrogations not covered under G.S. 15A-211.
              (6)     Interviews with victims and witnesses.
     (b)      The requirements of subsection (a) of this section shall not apply to campus police
 officers during undercover operations.
 …."
              SECTION 3.5. Subpart C of Part 4 of Article 13 of Chapter 143B of the General
 Statutes reads as rewritten:
                               "Subpart C. State Bureau of Investigation.
 …
 "§ 143B-927.1. Require Bureau law enforcement officers to render medical assistance to
              persons in custody.
     It shall be a mandatory policy of the State Bureau of Investigation that every law enforcement
 officer shall have a first aid kit and shall be required to do the following when a person in a law